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HomeMy WebLinkAboutVA200000015 Application 2000-05-08 County of Albemarle Department of Zoning 401 McIntire Road Charlottesville, VA 22902-4596 `/ (804) 296-5875 FAX (804) 972-4060 �j� VA- V A-a `I5 DATE: S " " FEE: $95. 00 (�d STAFF: :moor lea aro 4 • i1 VARIANCE APPLICATION IF OWNER (as currently listed in Real Estate) Name Ray A. Graham, III Phone (804 ) 293- 8124 Address P.O. Box 5, Keswick, VA 22947 APPLICANT (if different from above) American Tower for Name Triton PCS/Jaymar Joseph Phone ( 804 ) 323- 9500 X252 Address 9211 Arboretum Parkway, Suite 200, Richmond, VA 23236 • CONTACT PERSON (if different from above) Name Valerie W. Long, Esq. Phone ( 804) 977 _ 2545 Day Phone ( ) - Address P.O. Box 1288, Charlottesville, VA 22902-1288 LOCATION: 'IMP 07900-00-00-01000 a qg Ecl e.1,,, ( 1 6, PLEASE PROVIDE A DESCRIPTION AND JUSTIFICATION OF YOUR REQUEST ON THE BACK OF THIS SHEET. Q b.-iiq3 01 6 �� (Z.V 1,`.y-� OFFICE USE ONLY �/ vi r//ii/O ��(a ©� I Q�rc ITAX MAP , PARCEL ID ; TM , P ; TM , P P- o 4 11� ZONED: ORDINANCE SECTION: `yf G`� Ill' Board of Zoning Appeals Date: _/_/_ ( ) Special Permit 13--5.a 2 J-18 ( ) Variance ( ) Proffers BZA ACTION: 5 G .2j 0h.P1 b a,2l o-�.0 r�.�..c,wit / E ' ,A 4( - / v „..0 ,ecii i- f.-l- ..4" **7-. .. (iflpt•, ' 1r 7) 6,...,1 Ft _ -vt-1,-) 7/ w : . 01or VA-2000-015 (Signs 7 & 8) — Ray A. Graham, Ill (owner)/American Tower for Triton PCS, Inc. (applicant). Located N of Rt. 250 East (Richmond Rd), W of 4 Rt. 22 (Louisa Rd), and S of 1-64. TM 79/Parcel 10, zoned Rural Areas and Entrance Corridor. Requests reduction of front yard setback from 75 to 20 ft to ,Y allow construction of a 55-foot wooden telecommunications pole. DESCRIPTION OF REQUEST: Sec attached JUSTIFICATION SHALL BE BASED ON THESE THREE (3) CRITERIA: 1) That the strict application of this ordinance would produce undue hardship. See attached 2) That such hardship is not shared generally by other properties in the same zoning district and the same vicinity. See attached 3) That the authorization of such variance will not be of substantial detriment to adjacent property and that the character of the district will not be changed by the granting of the variance. See attached The application may be deferred by the staff or the Board of Zoning Appeals, if sufficient information necessary to this review has not be submitted by the deadline. I hereby certify that the information provided on this application and accompanying information is accurate, true and correct to the best of my knowledge and belief. V2��c,�, Gl�• �- -oa 1 ;\d`'\ Signature Date Receipt# Date • SUP 2000-018 ("Union Run") Description of Request: (O f On behalf of Triton PCS, Inc., American Tower requests a variance from the setback requirements of Section-4-1$3:-1-of the Albemarle County Zoning Ordinance, which states that "no such [telecommunications tower] shall be located closer in distance to any lot line than the height of the structure..."We have submitted a special use permit application(SUP 2000-018)for a 65''wooden pole telecommunications facility to be y,r' b located on tax map parcel 07900-00-00- 000, property owned by Ray A. Graham, III. ,:) The proposed location of the facility is 5 eet from the existing fence line which separates the property from the lot line fo Interstate 64. The distance from the fence line to the I-64 roadbed is roughly 75 feet. AWL Justification Criteria 1. That the strict application of this ordinance would produce undue hardship. The strict application of the ordinance in this instance would produce undue hardship on the applicant because the actual distance of the proposed facility from the roadbed exceeds the height of the proposed facility, and because a strict application of the ordinance would hinder the applicant's efforts to shield the proposed facility from view and significantly diminish the facility's effectiveness for providing wireless service. This facility is intended to provide coverage along Interstate 64, and must be located relatively close to the road to be effective. In addition, the proposed site is within a grove of trees on the subject property, which is intended to minimize the visibility of the structure from neighboring properties and from I-64, Route 22 and Route 250. In order for the facility to be located no less than the height of the structure from the property line, it would have to be moved an additional 40 feet to the south. This would be too far away from the road to provide the level of coverage required, as the property slopes downhill to the south, which would result.in the communications antennas being located below the trees which lie between the facility and the road. In addition, the trees located 40 feet to the south of the site are not as tall as those surrounding the proposed site, which would result in the facility being more visible to surrounding properties and roadways. Furthermore, moving the facility to a site 40 feet to the south would require removal of trees and vegetation for construction of the facility. At the proposed location no tree removal is required for the facility. Finally, moving the facility 40 feet to the south would result in a location with lower elevation, as the property slopes downhill to the south. This would have the effect of eliminating the effectiveness of the facility for providing wireless coverage, or require an increase in tower height. For all of these reasons, the strict application of the ordinance would produce undue hardship on the applicant. • 2. That such hardship is not shared generally by other properties in the same zoning district in the same vicinity. This hardship is not shared generally by other properties in the same zoning district, as this property has the unique attribute of being located at the top of a hill in a small clearing surrounded by trees and vegetation on three sides. The higher elevation on the hill enables the use of a relatively short structure, and the existing trees and vegetation provide shielding and buffering from surrounding properties and roadways. However, this clearing is located only 25 feet from the fence line to the I-64 roadway. Relocation of the site to a location that is 65 feet from the fence line would place the facility in a group of much shorter trees and at a lower elevation, which would make the facility more visible and decrease its effectiveness. In addition, this hardship is not shared generally by other properties in the same zoning district in the same vicinity because there are no existing structures between the lot line and the proposed location that would be impacted by the granting of the variance. 3. That the authorization of such variance will not be of substantial detriment to adjacent property and that the character of the district will not be changed by the granting of the variance. The authorization of a variance from the setback requirements will not be of substantial detriment to adjacent property because no other structures exist on the adjacent property that would be impacted by the facility's location at a distance from the lot lines less than the height of the facility. The adjacent property is owned by VDOT and encompasses the I-64 right-of-way. The property surrounding the lot line includes dense vegetation and a steep grade leading down to the roadbed. For similar reasons the character of the district will not be changed by the granting of the variance, as no other businesses, residences, or other structures would be impacted by shorter distance between the facility and the fence line. Rather, by granting the variance to allow Triton to construct the facility 25 feet from the VDOT fence line, Triton will be able to provide wireless telecommunications coverage along I-64 with the use of a relatively short structure which will be far less visible from I-64 than a taller structure would be. \\REA\25440.1 2 Zr; : N %tia, tt4i 'v• 1.... ti V r r • 1t y N.. C-31056 $ 15.315.00 - ". ' CERTIFICATE ; I This is to certify that S tt c nf1 is estimated by the State Highway and Transportation Commissioner of Virginia to be the fair value of the land hereinafter described,or interest therein,and damages - i to the remainder,if any, owned in whole or in party by Ray A. Graham. III and Barbara F. t i Graham, his wife • +. I • ,which the said State • 1 ' Highway and Transportation Commissioner of Virginia has directed to be taken in conjunction with the con- • • IS i W Route 250 — State Primary System •1 9. sction, reconstruction, alteration,maintenance and repair of a ~: and for all other purposes incidental thereto, identified asQ250-002—S02 Project , RW-201 •. 1 as shown on Sheets 1.1A.4.4A of plans for said Project on file with the Virginia Department of Highways and Transportation.The amount above specified, or so much thereof as may be directed by the Court,will be paid by i ' • the State Treasurer of Virginia,pursuant to the order of the Circuit t _~.i , F •y, Court of -Al hnmarle Co y ,as provided by Title 33.1,Chapter 1,Article 7 of the • , ' 1950 Code of Virginia,as amended.The land,or interest therein,taken lies in Riyanna - y Magisterial District of Albemarle County,and is described as follows: i • , •.. Being as shown on Sheets 3 and 4 of the plans for Route 250, State i Highway Project 0250-002-S02, RW-201, and lying on the northeast (right) .- t 4, , side of and adjacent to the northeast existing right of way line of present i Routes 22 and 250"from a point in the lands of the landowner opposite } approximate Route 250 Survey Centerline Station 2724+40 to a point in the lands of the landowner opposite approximate Station 2731+00 and containing 0.159 acre, more or less, land. '• 4 i- 6 `•I r„ 1 i f• s •„ i t• ,r It y tt • • ! STATE OF VIRGINIA City of Rictunond,To-wit: I. , a Notary Public to and foe the City :. .' aforesaid,in tha Stan of do .1 that • t Deputy State Hi iwray and Transportation Commiatiooer, —����a°^''� ' Deputy Treasurer of Virginia,whose names are signed to he foregoing writing bearing date on the _ . • day of -.A _L , 19L',hare aclwowlod ed the same before me to the City aforesaid. . My term of office ex ra �3'' "'j '^ Given under my hand this `-?'s day of C! 146-1-7 , 19teL• . . Notary ,. ...may o -..d • VZRGZNIA: IN THE CLERK'S OFFICE OF THE CIRCUIT COUR'F(OF ALBF.MARLE. *i' %tom. .,: This deed was prese ted, and th Certif'cate annexed, i.-' • • • • / admitted to record on p /Si/9R at r 1 - 1 �j.,�n o clock Ii. t. . '. STATE TAX •_ LOCAL TAX . C32..).b i o�Q7.y��}�� cry rAalccs '1 t —1'•'f, TRANSFER FEE TE .1 : HELBY J. MARSHALL, CLERK CLERK'S FEE l0.(56 PLAT ..00 • • ' GRANTOR'S TAX BY .'' TOTAL j Oa TY CLE 04 --4 ,• ... •r . i • `•; r • m m m . , ce `�� v g ; m .• .- x ITT (Ti Z n (1 • OTT -� TOT N N . r 0 P1 M • ID O ; • 1 •�( •/ r. r1 tl. _ _...1 .1, /:. 1 lam, .. r, • '' .; ' t i . .. . .i • C ' • P ,r • .:% .fX;ttl.. ..r.)aa•r•t,(A,, u e r .-. -/.!! •': 91• . •1 -/q• 1 s1 QX3 i.t/. •• • y; • • u>,yti,;,.Fa,, - �`, • •pt.,", I:-4. 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Goodwin, a Notary Public in and for the County of AlbeL merle, State of Virginia, hereby certify that R. A. Saunders and Mildred R. Saunders, whose names are signed to the foregoing writing, bearing date on th 21st day of December, 1956, have acknowledged the same before me in my County aforesaid. .I My commission expires the 8th day of February, 1960. Given under my hand this 26th day of December, 1956. { i Betty J.Goodwin, Notary Public VIRGINIA: IN THE CLERK'S OFFICE OF ALBEMARLE CIRCUIT COURT, December 28, 1956. This deed was presented to me in said office and with certiricate annexed Iadmitted to record at 11:00 A. M. Teste: 91 ?/A/4«.• , Clerk * * * * * * * * * sr * * * * * * Dples National ! THIS DEED made this 28th day of December, 1956, by and between ik of Ch'ville &. card Thornton Peoples National Bank of Charlottesville and Edward Thornton Tayloe, Executors sloe, Executors als ;I under the will of Edward Dickinson Tayloe, parties of the first part, and C Fc &, Lic:, Edward Ihornton Tayloe and Virginia Baird Tayloe, his wife, parties of the r A. Graha:a,III second part, and Ray A. Graham, III, party of the third part, Fee $ 4.50 Tax 258.75 Tran 1.00 ,i WI TN ESSETH: I " Paid $264.25 That for and in consideration of the sum of $172,500.00, of which the sum of $43,125 is cash in hand paid by the party of the third part to the { said Edward Thornton Tayloe, and the balance of $129,375. is evidenced by note of Ray A. Graham, III, executed by Ray A. Graham, Jr. , his guardian, pursuant to decree entered in the Circuit Court of Fairfax County on November 14, 1956, payable to Edward Thornton Tayloe Bearing even date with this deed and payable 5 years after date, is secured by vendor's lien hereinafter expressly retained, the parties of the first and second part hereby grant, bargain and sell and II convey WITH SPECIAL WARRANTY OF TITLE only as to said parties of the first part and WITH GENERAL WARRANTY OF TITLE as to the said parties of the second li unto said Ray A.Greham III part/ all that certain tract or parcel of land situated in Albemarle County, Virginia, near Shadwell, known as "Edgehilln containing 889 acres more or les I I . and being composed of the following tracts of land: (1) Tract of land containing 715 acres more or less which was con- veyed to E. D. Taylor (who is the same person as Edward Dickinson Tayloe) by ' Ideed of Norvin T. Harris and wife, dated November 30, 1923, recorded in the Clerk's Office of the Circuit Court of Albemarle County in Deed Book 185, pag- 85, as amended by correction deed between the same parties dated March 29, 1924, recorded in said Clerk's Office in Deed Book 186, page 455; c_v-fr-336-A; 121 d ! (2) Tract of 1-1/30ths acres more or less conveyed to the said E. •reeste1 . i �•,drnced by tttr. v.i) D. Tayloe by deed of Willie M. Smith and others, dated June 1, 1928, recorded 1 ,.,ndrocribrtdnnd . . l, hor beet, paid I• lo'I in said Clerk's Office in Deed Book 202, page 444; it-retort the lion of tblt .)^^d of Trt.rt it hereby rr. • (3) Tract of 173.8 acres more or less which was conveyed to the .,,rd end mark•d.etisiel ! ,Chen node m♦hand this said E. D. Tayloe by deed of W. D. Haden and wife dated February 5, 1937, re-d.eyot�2C 042.1. corded in said Clerk's Office in Deed Book 234, page 392, save and except the'I� following tracts of land: ;CC f j. (a) Trac't; of 1.01 acres more or less conveyed to the Commonwealth of Virginia by deed of E. D. Tayloe and wife dated July 27, 1937, recorded in�IM*h ,�fO C tt77nnaF ,"' / said Clerk's Office in Deed Book 236, page 487; • -rb t'tJ,�dmr c4.1 (b) Tract of 0.21 acres more or less which was conveyed to the I� 1hnA I (nrthnr re tv tbers Commonwealth of Virginia by deed of E. D. Tayloe and wife, dated April 13, d►, - al 1939, recorded in said Clerk's Office in Deed Book 243, page 261. n,--Mitt �_I_Mg,37,5. dcc.ri! -I and ,4currd It• Said tract of land known esnEdgehilltt passed under the thirteenth tifi, 1 ,t 'Trust, h,tv b.- t, .,! !lei,'e ,n• item of the will of Edward Dickinson Tayloe, dated November 24, 1952, and m.•.i d I ,.1 ,.,,I,:;I,trc;led t 1-. n 9 r-1•• hand t`s• probated April 23, 1956, in the Circuit Court of Albemarle County and spread C in Will Book 40, page 47, to Edward Thornton Tayloe subject to the power of zc sale if any given to the parties of the first part (John B. Jenkins, Jr. their 'e--► other executor named having declined to act) to which will and deeds and the deeds therein referred to reference is here made for a more particular descri - tion of the property hereby conveyed. I! l' I This conveyance is made subject to the following easements: I' (1) An easement granted to the Coimnonwevlth of Virginia by deed of 1! Norvin T. Harris and wife dated July 3, 1922, recorded in said Clerk's Office in Deed Book 181., page 316; (2) An easement granted to Virginia Public Service Company by deed, .. of E. D. Tayloe and wife dated January 6, 1927, recorded in said Clerk's Offt e in Deed Book 197, page 243; . (3) An easement granted to Virginia Public Service Company by deed . of E. D. Tayloe and wife, dated May 18, 1927, recorded in said Clerk's Office[ , in Deed Book 197, page 322; i (4) An easement granted to Virginia Public Service Company by deed 1 of Willie M. Smith, a wido5_and others dated May 27, 1927, recorded in said i Clerk's Office in Deed Book 198, page 425; (5) An easement granted to Virginia Public Service Company by deed', of Mrs. H. E. Magruder, dated February 28, 1927, recorded in said Clerk's Of-[ fice in Deed Book 199, page 501; (6) An easement granted to Virginia Electric and Power Company by deed of E. D. Tayloe and wife dated July 12, 1944, recorded in said Clerk's ' Office in Deed Book 260, page 387; (7) An easement granted to Virginia Electric and Power Company by deed of E. D. Tayloe and wife, dated July 12, 1944, recorded in said Clerk's I Office in Deed Book 260, page 388. . , The parties of the first and second part expressly reserve a vendoris II lien to secure the payment of a note in the amount of $129,375 hereinbefore described. I, And the said Edward Thornton Tayloe covenants. sublect to the aforejL G L a v-K-336-A and with his wife has good right to convey the same; that he has done no act to encumber said land; that the grantee shall have quiet possession of said land free from all encumbrances, and that they, the parties of the second part, will execute such other and further assurances as may be requisite. IN WITNESS WHEREOF, the Peoples National Bank of Charlottesville has caused this deed to be executed on its behalf in its representative capa- city I!' by Junius R. Fishburne, its Vice President and Trust Office and H. W. Walsh, Vice-President and Trust Officer, agents hereunto duly authorized, and its corporate seal to be hereto attached attested by Paul C. Smith, its Assisi tant Secretary, and said individual parties have signed and sealed this deed the day and year first above written. (SEAL) PEOPLES NATIONAL BkNK OF CHARLOTTESVILLE, ATTEST: Executor u/w of Edward Dickinson Tayloe Paul C. Smith, Secretary By: Junius R. Fishburne, Vice-President and Trust Officer By: H. W. Walsh, Vice-President and Trust Officer Edward Thornton Tayloe, (SEAL) Executor u/w of Edward Dickinson Tayloe and in his own right Virginia Baird Tayloe (SEAL) STATE OF VIRGINIA COUNTY OF ALBEMARLE, to-wit: I, Carrie B. Deane, a Notary Public in and for the Count and State I ' li aforesaid, hereby certify that Junius R. Fishburne and H. W. Walsh, whose names as Vice-Presidents an.i Trust Offices of the Peoples National Bank of Charlottesville, Edward Thornton Tayloe and Virginia Baird Tayloe, whose names are signed to the foregoing deed bearing date on the 28th day of December,. 1956, have and each has acknowledged the same before me in my County and Stat- aforesaid. Given under my hand this 28th day of December, 1956. li My commission expires the 12th day of March, 1957. Carrie B. Deane, Notary Public VIRGINIA: IN THE CLERK'S OFFICE OF ALBEMARLE CIRCUIT COURT, December 28, 1956. This deed was presented to me in said office and with certificate annexed admitted to record at 4:50 P. M. And $189.75 stamp affixed. Teste: , Clerk rence M.Clement THIS DEED made this 29th day of Dedember, 1956, by and between al Clarence M. Clements and Bruna T. Clements, his wife, parties of the first B & S part, and EDOARDO TIRONI, party of the second part, ardo Tironi Fee $ 3.50 Tax .30 W I T N E S S E T H: Tran 1.00 plat 2.00 id $ 6.80 That for and in consideration of the sum of Two Hundred Dollars ($200.00), cash in hand paid by the party of the second part to the parties eui0 of the first part, receipt of which is hereby acknowledged, the said parties IIr1(Cn _